Raheem Mark Miller v. Director, TDCJ-CID

Summary

The United States District Court for the Eastern District of Texas adopts the magistrate judge’s report and recommendation in Raheem Mark Miller’s 28 U.S.C. § 2254 habeas petition. The court dismisses the petition with prejudice as barred by the statute of limitations and denies a certificate of appealability.

Holdings

1. When no objections are filed to a magistrate judge's report and recommendation, the district court reviews the findings for clear error or abuse of discretion and reviews the legal conclusions to determine whether they are contrary to law.
2. The petition was barred by the applicable statute of limitations and was properly dismissed with prejudice.
3. A certificate of appealability was denied.

Questions Presented

1. What standard of review applies when a party fails to object to a magistrate judge's report and recommendation?
2. Whether the § 2254 petition should be dismissed with prejudice as barred by the applicable statute of limitations.
3. Whether a certificate of appealability should be denied.

Disposition

dismissed